5120-3-08
Inmate compensation for work program assignments and related matters.

(A)
Inmates who are
assigned to work programs, other than those operated by Ohio penal industries,
are enrolled in institutional school programs or who are unassigned, shall
receive compensation according to the following schedule:

(1)
Category one inmates shall receive no
compensation. "Category one inmates" include those in reception at a designated
reception facility who are unassigned, those who are confined in disciplinary
control pursuant to a finding of the rules infraction board, those in local
control, those who are absent with leave for more than seven days and those
absent without leave.

(2)
Category
two inmates shall receive at least three dollars per month to be credited and
paid to their personal account. "Category two inmates" include those who are
absent with leave (not to exceed seven days) and those who have no job
assignment in a work program but maintain their personal living quarters in
accordance with rules issued by the managing officer. Category two also
includes those on death row and in protective control without a job assignment,
those who are new arrivals at a parent institution awaiting assignment, those
in security control, and those who are in pre-classification assignment
status.

(3)
Category three inmates
shall receive at least six dollars per month to be credited and paid to their
personal account. "Category three inmates" are those not in category one or two
and include those who have an actual work assignment of less than sixty hours
per month, those who are assigned to limited duty by the medical staff and
those who have been confined to a hospital or the infirmary for more than
thirty consecutive days. For the first thirty days of a hospital or infirmary
stay, an inmate shall be compensated according to his category and level
immediately preceding admittance.

(4)
Category four inmates shall receive at
least nine dollars per month to be credited and paid to their personal account.
"Category four inmates" are those who have an actual work assignment of sixty
to eighty-nine hours per month or those who are part-time students for sixty to
ninety hours per month. Category four also includes those assigned to security
level five at the Ohio state penitentiary regardless of job
assignment.

(5)
Category five
inmates shall receive at least twelve dollars per month to be credited and paid
to their personal account. "Category five inmates" include those who have an
actual work assignment of ninety to one hundred thirty-nine hours per
month.

(6)
"Category six inmates"
are those in full-time work assignments or apprenticeship training, of at least
one hundred forty hours per month, or those who are full-time students or those
who are part-time students with part-time work assignments with a combined
total of at least one hundred forty hours per month. Category six inmates shall
receive from twelve dollars to twenty-two dollars per month at the discretion
of the managing officer. The managing officer shall consider the inmate's
security level or classification and whether the work assignment is an
apprenticeship, general labor, semi-skilled, or skilled when determining the
monthly rate of pay.

Those inmates who are full-time students or part-time students
with part-time work assignments shall be considered general labor grade within
the proper security level for purposes of determining the monthly rate of
pay.

(7)
Category seven
inmates shall receive twenty-four dollars per month to be credited and paid to
the personal account. "Category seven inmates" include those with full-time
work assignments requiring a high degree of skill or responsibility which are
authorized by the managing officer. The number of inmates in category seven may
not exceed three per cent of the institution's population.

(1)
Subject to the approval of
the managing officer, category six and category seven inmates may be paid at
the rate of one and one-half times their regular rate of pay for each hour in
excess of one hundred forty hours per month, whenever the managing officer
deems the additional employment of such inmates necessary and proper to the
accomplishment of a special project or in the event of an emergency.

(2)
The managing officer may adopt an
incentive plan appropriate to designated work assignments, under which inmates
may earn compensation in addition to their regular pay for the category to
which they are assigned. Such incentive plan shall be based upon an established
production quota or other like system developed by the department of
rehabilitation and correction.

(C)
The rules infraction board may recommend
a reduction of future compensation for restitution due to a rules infraction as
specified in rule
5120-9-08 of the Administrative
Code. Reductions shall require the approval of the managing officer and shall
not exceed fifty per cent of normal compensation and shall not be reduced below
three dollars.

(D)
Work assignment
hours shall be determined by calculating the number of hours spent on the work
assignment in an average month. An "average month" is twenty-two working days
for a five-day-per-week assignment. Only hours of actual work shall be counted
for less than full-time assignments.

(E)
Reasonable time spent on visits, sick
call, official pass, or for other reasons approved by the managing officer or
his designee shall not affect the calculation of work assignment
hours.

(F)
As far as practicable,
changes in work assignments which result in a change of pay category or grade,
shall be made at the beginning of the month. For changes of pay category or
grade occurring at quarter-month intervals, compensation for each quarter shall
be made according to the assignment for each quarter. For changes of category
or grade occurring within any quarter-month, the assignment which was held
longer shall determine the compensation for that quarter-month. The smallest
time unit for determining compensation shall be a quarter-month.

(G)
Personal account. Compensation paid to an
inmate pursuant to this rule shall be placed in the inmate's "personal
account." At the request of the inmate, funds not exceeding the amount on
deposit in that inmate's "personal account" shall be drawn from that account
and paid to the inmate's family. The inmate may draw against his or her
"personal account" to purchase items kept for sale by the institution. The
managing officer may authorize other expenditures. Any balance remaining in an
inmate's personal account at the time of his lawful release shall be paid to
such inmate upon such release.

(H)
Release procedure. In addition to the compensation paid to their personal
account pursuant to this rule, each inmate shall be paid upon release an amount
to be determined by the division of business administration based upon
appropriate funds, provided that such compensation shall be paid only to
inmates released directly from the institution into the community and shall not
be paid to any inmate who is released to a detainer or released during an
absence with leave, including, but not limited to, an inmate released directly
from the custody of the county sheriff following a judicial release pursuant to
section 2929.20 of the Revised Code.

Inmates who have compensation credited to their release account
prior to the adoption of this rule shall receive the amount credited or the
amount paid under this rule, whichever is greater.

(I)
The institution may furnish appropriate
clothing to an inmate upon release.

(J)
An inmate who is unable to obtain
transportation to the place to which he is paroled may be provided such
transportation and necessary meal costs at the discretion of the managing
officer. Transportation shall be provided at the lowest cost available. The
institution shall purchase non-refundable tickets for this purpose.

(K)
Compensation paid pursuant to this rule
may be from designated special purpose funds or the prisoner compensation
fund.